Madras High Court
S.Kamaraj @ vs Union Of India Represented By on 11 March, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
WP(MD)No.18402 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 12.10.2023
Pronounced on : 11.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.18402 of 2018 and
WMP(MD)No.15720 of 2023
S.Kamaraj @
Muthalakuruchi Kamaraj
... Petitioner
Vs
1.Union of India represented by
the Principal Secretary /
the Director,
The Ministry of Water Resources,
River Development and Ganga Rejuvenation,
Shram Shakti Bhavan, Rafi Marg,
New Delhi.
2.State of Tamil Nadu,
represented by
The Principal Secretary,
Tamil Nadu Tourism, culture
and Endowment Department,
Fort St. George,
Chennai – 600 009.
3.State of Tamil Nadu
represented by
The Principal Secretary,
The Hindu Religious and
Charitable Endowment Department,
Fort St.George,
Chennai – 600 009.
1/39
https://www.mhc.tn.gov.in/judis
WP(MD)No.18402 of 2018
4.State of Tamil Nadu,
represented by
The Principal Secretary,
Public Works Department,
Fort.St.George,
Chennai – 600 009.
5.The District Collector,
Office of the District Collector,
Tirunelveli.
6.The District Collector,
Office of the District Collector,
Thoothukudi.
7.The Commissioner,
Tirunelveli Corporation,
Tirunelveli District.
8.The Chief Engineer,
Public Works Department,
Tamirabarani Division,
Samathanapuram,
Palayamkottai,
Tirunelveli District.
9.The Commissioner,
The Hindu Religious and
Charitable Endowment Department,
Chennai.
10.The Municipal Commissioner,
Office of the Municipal Commissioner,
Ambasamudram Municipality,
Tirunelveli District.
11.The Municipal Commissioner,
Office of Municipal Commissioner,
Vikramasingapuram Municipality,
Tirunelveli District.
2/39
https://www.mhc.tn.gov.in/judis
WP(MD)No.18402 of 2018
12.The Block Development Officer,
Office of the Block Development Officer,
Cheranmahadevi,
Tirunelveli District.
13.The Chairman,
Srivaikundam Town Panchayat,
Thoothukudi District.
14.The Chairman,
Alwarthirunagari Town Panchayat,
Tirunelveli District.
15.The Chairman,
Kallidaikuruchi Town Panchayat,
Tirunelveli District.
16.The Chairman,
Eral Town Panchayt,
Thoothukudi District.
... Respondents
[R-9 was suo motu impleaded vide
order dated 10.12.2018 and R-10
to 16 were impleaded vide court
order dated 03.08.2023 in
WMP(MD)No.15717 of 2023]
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for a writ mandamus to direct the
respondents to renovate all ancient mandabams and heritabe
padithurai situated in the banks of Tamirabarani river and
to direct the respondents to take immediate action to
prevent the drainage water mixing in the entire
Tamirabarani river in Tirunelveli and Thoothukudi district
and to direct the respondents to make all arrangements and
plan for celebrate the Tamirabarani Maha Pushkara function
3/39
https://www.mhc.tn.gov.in/judis
WP(MD)No.18402 of 2018
without affection the eco system of Tamirabarani river
within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
For Respondent : Mr.Pon Senthil Kumaran
No.1
For Respondent : Mr.V.Nirmal Kumar
Nos.2,4 to 6,8 Government Advocate
10 to 16
For Respondent : Mr.Aairam K Selvakumar
No.7
For Respondent : Mr.N.Ramesh Arumugam
Nos.3 and 9 Government Advocate
ORDER
The petitioner is a writer and an author of several books on the history and heritage of river Tamirabarani. He has filed this writ petition seeking a mandamus to the respondents to renovate ancient Mandapams and heritage Padithurais in the bank of river Tamirabarani and to prevent the sewage mixing with river Tamirabarani. This writ petition was filed in the year 2018 when the District administration proposed to conduct a holy festival of Mahapuskarani in river Tamirabarani.
4/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018
2.The petitioner has done an extraordinary work, collected various details and has presented his case how river Tamirabarani is being polluted. He has also conducted a field study along with a professor of Saint George College and filed report along with photographs.
3.The case of the petitioner is as follows:
i.Sewage is let into river Tamirabarani in several places from Vikaramasingapuram to Attur, taking advantage of the bushes. More particularly, in Mari Oodai at Melapalayam area sewage flows like a stream and merges with river Tamirabarani and also in C.N.Village and Vannarapettai.
ii. The details of the places, where sewage is mixed with river Tamirabarani as stated by the petitioner are extracted hereunder:5/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 S. Sewage mixing Taluk Remarks No places 1 Vikramasingapuram Ambasamuthiram Sewage mixing into Tamirabarani river through this area.
2 Cheranmahadevi Cheranmahadevi Sewage mixing
into Tamirabarani
river through
this area.
3 Thiruvengadanathap Tirunelveli Sewage mixing
uram into Tamirabarani
river through
this area.
4 Melapalayam Palayamkottai Sewage flows
likde canal and
finally mixing
into Tamirabarani
river
5 C.N.Village Tirunelveli Sewage mixing
into Tamirabarani
river by way of 3
pipes
6 Melanatham Palayamkottai Sewage mixing
into river
Tamirabarani
river bridge
7 Kokkirakulam Tirunelveli Sewage mixing
into Tamirabarani
river by way of 2
small canals
8 Vannarapettai Tirunelveli Sewage at various
areas together
mixing into
Tamirabarani
river, instead of
sewage tanks
6/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 9 Nanalkadu Srivaigundam High quantity of sewage into Tamirabarani river through this area 10 Alwarthirunagari Eral Sewage mixing into Tamirabarani river through small canals iii.The petitioner has also listed out the ancient Mandabams and heritage Padithurais (Bathing Place) situated on the bank of river Tamirabarani along with its present condition. The same is extracted as follows:
S. Area Taluk Location Good Damaged No Level Level (in %) (in %) 1 Papanasam Ambasamudram Near Agasthiya 85 15 falls 2 Papanasam Ambasamudram Muthalamandapam 90 10 next to Thalayamani 3 Papanasam Ambasamudram Opposite to 90 10 Papanasam Temple 4 Papanasam Ambasamudram Near Papanasam 90 10 Temple 5 Papanasam Ambasamudram Near Papanasam 90 10 Temple 6 Papanasam Ambasamudram Near Papanasam Nil 100 Temple 7 Sankarankovil Ambasamudram Sankarankoil 90 10 Backside 7/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 8 Ambasamudram Ambasamudram Near Anjaneyar 60 40 Temple 9 Ambasamudram Ambasamudram Muthalmandapam 40 60 opposite to Kasinathar Temple 10 Ambasamudram Ambasamudram Middle of river 40 60 near Kasinathar temple 11 Ambasamudram Ambasamudram River side near 85 10 Kasinathar Temple 12 Ambasamudram Ambasamudram Near Kasinathar 80 20 temple 13 Ambasamudram Ambasamudram River side near 90 10 Kasinathar temple 14 Ambasamudram Ambasamudram Riverbank near 85 15 Kasinathar temple 15 Ambasamudram Ambasamudram Near Kasinathar 90 10 temple 16 Ambasamudram Ambasamudram Riverbank 85 15 opposite to Kasinathar temple 17 Ambasamudram Ambasamudram Riverbank 90 10 opposite to Kasinathar temple 18 Ambasamudram Ambasamudram Riverbank 90 10 opposite to kasinathar temple 19 Ambasamudram Ambasamudram Riverbank 70 30 opposite to kasinathar temple 20 Ambasamudram Ambasamudram Eastside of 30 70 Kasinathar Temple 8/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 21 Kallidaikuruchi Ambasamudram Southern bank of 60 40 Tamirabarani river 22 Kallidaikuruchi Ambasamudram Southern bank of 60 40 Tamirabarani river 23 Kallidaikuruchi Ambasamudram Theerthavari 85 15 mandapam 24 Urakaadu Ambasamudram Western bank of 90 10 river Tamirabarani 25 Athalanallur Cheranmadevi Backside of 90 10 Gajendravaradhar temple 26 Athalanallur Cheranmadevi Opposite to 80 20 Gajendravaradhar temple 27 Thirupudai Cheranmadevi Backside of sri 80 20 Maruthur Narumbunatha swami temple 28 Thirupudai Cheranmadevi Backside of sri 75 25 Maruthur Narumbunatha swami temple 29 Thirupudai Cheranmadevi Backside of sri 75 25 Maruthur Narumbunatha swami temple 30 Thirupudai Cheranmadevi Backside of sri 80 20 Maruthur Narumbunatha swami temple 31 Thirupudai Cheranmadevi Near to 75 25 Maruthur sri Narumbunatha swami temple 32 Then Cheranmadevi Mudhal Mandabam 30 70 Thirupuvanam near bridge 33 Then Cheranmadevi Second Mandabam 80 20 Thirupuvanam 34 North Cheranmadevi Northern Bank of 70 30 Ariyanayagipur Tamirabarani am River 9/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 35 North Cheranmadevi Southern Bank of 80 20 Ariyanayagipur Tamirabarani am River 36 North Cheranmadevi Southern Bank of 85 15 Ariyanayagipur Tamirabarani am River 37 Cheranmadevi Cheranmadevi Near 40 60 Bakthavachalam Sami Temple(ASI) 38 Cheranmadevi Cheranmadevi Near 40 60 Bakthavachalam Sami Temple(ASI) 39 Cheranmadevi Cheranmadevi Near Ammainatha 40 60 Swami Temple 40 Cheranmadevi Cheranmadevi Near Ammainatha 70 30 Swami Temple 41 Kodaganallur Tirunelveli Mandapam rear 60 40 riverbank 42 Kodaganallur Tirunelveli Padithurai 80 20 Mandapam 43 Kondanaragaram Tirunelveli Mandapam at 10 90 Major portion of the Tamirabarani river 44 Kondanagaram Tirunelveli Mandapam at 20 80 major portion of sub-
Tamirabarani merged
river into
river
45 Kondanagaram Tirunelveli Mandapam at 20 80
major portion of
Tamirabarani
river
46 Kondanagaram Tirunelveli Mandapam at 60 40
Southern bank
47 Suthamalli Tirunelveli Southern side of 50 50
riverbank
48 Suthamalli Tirunelveli Western side of 65 35
Gopalasamuthiram
bridge
10/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 49 Gopalasamuthir Cheranmadevi Western side of 40 60 am the bridge 50 Gopalasamuthir Cheranmadevi Southwest side 50 50 am of bridge 51 Gopalasamuthir Cheranmadevi Northern side of 70 30 am bridge at west 52 Gopalasamuthir Cheranmadevi Northern side of 70 30 am bridge at west 53 Karunkadu Tirunelveli Mandampam 80 20 renovated as temple 54 Thenpathu Tirunelveli Western side of 60 40 river bank 55 Thenpathu Tirunelveli Western river 80 20 bank near brick kiln 56 Melanatham Palayamkotta Mandapam near 20 80 i the bridge 57 Meltanatham Palayamkotta Second Mandapam 20 80 i near the bridge 58 Melanatham Palayamkotta Mandapam at 70 30 i eastern side 59 Kurukkuthurai Tirunelveli First Mandapam 80 20 at South 60 Kurukkuthurai Tirunelveli Second Mandapam 60 40 from south 61 Kurukkuthurai Tirunelveli Third Mandapam 70 30 from south 62 Kurukkuthurai Tirunelveli Fourth mandapam 85 15 63 Kurukkuthurai Tirunelveli Fifth mandapam 80 20 64 Kurukkuthurai Tirunelveli Sixth mandampam 40 60 65 Kurukkuthurai Tirunelveli Mandapam near 50 50 Murugan temple 66 Kokkirakulam Tirunelveli Mandapam from 60 40 south 67 Kokkirakulam Tirunelveli Second Mandapam 60 40 68 Kokkirakulam Tirunelveli Third Mandapam 90 10 11/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 69 Kokkirakulam Tirunelveli Thaiposa 75 25 Mandapam 70 Kokkirakulam Tirunelveli Fourth mandapam 20 80 71 Kokkirakulam Tirunelveli Fifth mandapam Nil 100 72 Kokkirakulam Tirunelveli Mandapam at 80 20 eastern side of the river 73 Vannarapettai Tirunelveli Mandapam at 40 60 eastern side of the river 74 Vannarapettai Tirunelveli Second mandapam 50 50 at eastern side 75 Manimoortheesw Tirunelveli Mandapam at 70 30 aran major portion of river near the bridge 76 Arukankulam Tirunelveli Mandapam at 70 30 Southern riverbank 77 Balamadai Tirunelveli Mandapam at 75 25 northern river bank 78 Naranammal Tirunelveli Mandapam at 80 20 Puram south side bridge 79 Naranammal Tirunelveli Second mandapam 25 75 puram 80 Naranammal Tirunelveli Mandapam at Nil 100 puram northern river bank 81 Manapadai Palayamkotta Mandapam at 60 40 veedu i western side of the village 82 Manapadai Palayamkotta Second mandapam 75 25 veedu i 83 Manapadai Palayamkotta Mandapam at 75 25 veedu i northern riverbank 12/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 84 Srivaigundam Srivaigundam Mandapam at bank 75 25 of Theppakulam 85 Alwar Eral Sangu Mandapam 70 30 Thirunagari 86 Thiruparangu Eral Padhiturai 80 20 Senallur Mandapam iv.The mandapams were established several hundreds of years ago for the sake of pilgrims and for performing rituals. These mandapams and padithurais on the bank of river Tamirabarani are having heritage value, which needs to be preserved from getting damaged.
v.There are 76 padithurais in river Tamirabarani and out of which 30 are in usage and 46 are in damaged condition. He has also furnished the list of those padithurais and its present condition, which reads as follows:
S. Area Taluk Location Good Damaged No Level Level in % in % 1 Papanasam Ambasamudram Kalpadithurai 85 15 2 Papanasam Ambasamudram Kalpadithurai 80 20 (near temple) 3 Papanasam Ambasamudram Kalpadithurai 75 25 (near temple) 13/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 4 Vikramasinga Ambasamudram Cement 90 10 puram Padithurai 5 Vikramasinga Ambasamudram Padithurai 85 15 puram (near craved in rocks bridge) 6 Aladiyur Ambasamudram Cement 80 20 Padithurai 7 Aladiyur Ambasamudram Kalpadithurai 90 10 8 Aladiyur Ambasamudram Cement 80 20 Eastern side of Padithurai bridge 9 Sankarankovil Ambasamudram Kalpadithurai 75 25 Ambasamudram 10 Ambasamudram Ambasamudram Kalpadithurai 50 50 (Anjaneyar Temple) 11 Ambasamudram Ambasamudram Kalpadithurai 40 60 Riverbank at South 12 Ambasamudram Ambasamudram Kalpadithurai 50 50 (Mandapa padithurai south side) 13 Ambasamudram Ambasamudram Kalpadithurai 60 40 (Kalmandapapadi near Kasinathar Temple) 14 Ambasamudram Ambasamudram Kalpadithurai 80 20 (near Kasinatha temple) 15 Ambasamudram Ambasamudram Kalpadithurai 85 1510 (Mandapa padithurai) 16 Ambasamudram Ambasamudram Kalpadithurai 90 10 (Mandapapadi at southern bank) 17 Ambasamudram Ambasamudram Cement 80 20 near bridge padithurai 18 Kallidaikuruchi Ambasamudram Kalpadithurai 60 40 19 Kallidaikuruchi Ambasamudram Kalpadithurai 60 40 14/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 20 Kallidaikuruchi Ambasamudram Kalpadithurai 90 10 21 Urkadu Ambasamudram Kalpadithurai 90 10 22 Urkadu Ambasamudram Kalpadithurai 90 10 23 Athanallur Cheanmadevi Kalpadithurai 75 25 24 Athanallur Cheanmadevi Kalpadithurai 70 10 (opposite river bank) 25 Thirupudai Cheanmadevi Kalpadithurai 85 15 Maruthr 26 Thirupudai Cheranmadevi Kalpadithurai 50 50 Maruthr (opposite riverbank) 27 Thirupudai Cheranmadevi Cement 60 40 Maruthr padithurai (opposite riverbank) 28 Then Cheranmadevi Kalpadithurai 50 40 Thirupuvanam 29 Then Cheranmadevi Kalpadithurai 75 25 Thirupuvanam 30 Sakthikulam Cheranmadevi Kalpadithurai 80 20 31 Cheranmadevi Cheranmadevi Kalpadithurai 50 50 (Bakthavachala swami temple) 32 Cheranmadevi Cheranmadevi Kalpadithurai 60 40 (Ammainatha Swami Temple) 33 Cheranmadevi Cheranmadevi Kalpadithurai 50 50 34 Melakallur Tirunelveli Kalpadithurai 90 10 35 Melakallur Tirunelveli Cement 80 20 padithurai 36 Kodaganallur Tirunelveli Kalpadithurai 90 10 37 Kodaganallur Tirunelveli Cement 75 25 padithurai 38 Kodaganallur Tirunelveli Kalpadithurai 80 20 39 Karisoolntha Cheranmadevi Kalpadithurai 75 25 Mangalam 15/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 40 Karisoolntha Cheranmadevi Cement 80 20 Mangalam padithurai 41 Gopalasamudram Cheranmadevi Kalpadithurai 75 25 42 Gopalasamudram Cheranmadevi Kalpadithurai 70 30 43 Karunkadu Tirunelveli Kalpadithurai 90 10 44 Thiruvenkatanat Tirunelveli Cement 85 15 hapuram padithurai 45 Melanatham Tirunelveli Kalpadithurai 90 10 46 Kurukkuthurai Tirunelveli Kalpadithurai 70 30 47 Kurukkuthurai Tirunelveli Kalpadithurai 70 30 48 Kurukkuthurai Tirunelveli Cement 80 20 Padithurai 49 Kurukkuthurai Tirunelveli Kalpadithurai 80 20 (murugan Temple) 50 Kurukkuthurai Tirunelveli Kalpadithurai 80 20 (murugan Temple) 51 Kokkirakulam Tirunelveli Cement 90 10 C.N.Village padithurai 52 Kokkirakulam Tirunelveli Kalpadithurai 90 10 Eastern part 53 Kokkirakulam Tirunelveli Kalpadithurai 90 10 western part 54 Vannarapetai Tirunelveli Kalpadithurai 40 60 55 Vannarapetai Tirunelveli Cement 90 10 padithurai 56 Manimoorthiswar Tirunelveli Kalmandapa 80 20 am padithurai 57 Arukankulam Tirunelveli Kalpadithurai 75 25 58 Narayanammalpur Tirunelveli Kalpadithurai 50 50 am 59 Narayanammalpur Tirunelveli Cement 90 10 am Padithurai 60 Narayanammalpur Tirunelveli Kalpadithurai 75 25 am (Eastern part) 16/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 61 Seevalaperi Palaymkottai Cement 75 25 Padithurai 62 Maruthur Palaymkottai Cement 50 50 Anaikattu Padithurai Western Part 63 Murappanadu Srivaigundam Cement 90 10 Padithurai 64 Murappanadu Srivaigundam Cement 80 20 Padithurai 65 Nanalkadu Srivaigundam Cement 75 25 Padithurai 66 Srivaigundam Srivaigundam Cement 80 20 Padithurai 67 Srivaigundam Srivaigundam Kalapdithurai 90 10 Anaikattu part 68 Srivaigundam Srivaigundam Kalpadithurai 90 10 69 Alwarthirunagar Eral Kalpadithurai 80 20 i 70 Alwarthirunagar Eral Kalpadithurai 80 20 i (II) 71 Alwarthirunagar Eral Kalpadithurai 75 25 i (III) 72 Alwarthirunagar Eral Cement 70 30 i ( infront of padithurai Sangumandapam) 73 Thiruparangusan Eral Kalpadithurai 80 20 alur 74 Eral Eral Cement 90 10 Padithurai 75 Athur Eral Cement 75 25 Padithurai 76 Serthamangalam Eral Cement 90 10 Padithurai
4.The learned Counsel for the petitioner by referring to the various texts has highlighted the holiness of this 17/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 river Tamirabarani and the importance of these heritage structures. Apart from its holiness, the river caters drinking water to several cities and towns, such as Tirunelveli, Palayamkottai, Vikramasingapuram, Ambasamudram, Cheranmahadevi, Srivaikundam, Kovilpatti, Thoothukudi, etc., This river originates from Western Ghats and travels around 125 Kms in the hills and plains. Further it also irrigates 86,000 acres of lands in Tirunelveli and Thoothukudi Districts.
5.The learned Counsel by referring to the photographs filed along with the typed set of papers has pointed out the present condition of the river Tamirabarani and the extent of pollution and has submitted that due to mixing of sewage in Vikramasingapuram, Ambasamudram, Kallidaikuruchi, Mela Cheval from the mills and industries, the river water of Tamirabarani is not suitable for drinking and bathing.
6.The learned counsel has also referred to the orders of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti 18/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 Vs Union of India and ors reported in 2017 5 SCC 326 and submits that the Hon'ble Supreme Court in the said judgment has issued various directions and also fixed the deadline for waste water treatment system and the Hon'ble National Green Tribunal [NGT] is also monitoring the implementation of the orders of the Hon'ble Supreme Court by issuing various directions from time to time. By referring the orders of NGT in OA.No.606 of 2018, dated 04.05.2023 the learned Counsel submits that for non implementation of the Municipal Solid Waste Management Rules, 2016 and other environmental issues, the Hon'ble NGT has imposed a sum of Rs.400 crores on the State of Bihar that the Government of Bihar has failed to manage the liquid and the solid waste management in violation of the mandate of the orders of the Hon'ble Supreme Court and NGT. By referring these orders, the petitioner has also filed a miscellaneous petition in WMP(MD)No.15720 of 2023 for direction to the respondents 5 to 8 and 10 to 16 to pay compensation for discharge of sewage water into the river Tamirabarani. 19/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018
7.In response to this writ petition, a counter affidavit was filed on behalf of the 1st respondent Executive Engineer, Southern River Division, Central Water Commission, Ministry of Water Resource, Government of India that the 1st respondent has primarily involved in laying down policy guidelines for the integrated and management of the country's water resource and management of water as a national resource and they are not having any role to play in the relief sought for in this writ petition. It is also claimed that the 1st respondent is not statutorily empowered for pollution control in rivers except river Ganga. According to him as per the National Mission for Clean Ganga, this respondent is mandated for rejuvenation and abatement of pollution in river Ganga.
8.The 4th respondent has taken a stand that this river Tamirabarani is maintained by Water Resource Organisation and the repair works are carried out as and when required by the local people and also by depending upon the availability of funds. Funds are provided by the government only for the maintenance of anaicut, canals and the tank fed by the river Tamirabarani. Their primary function is to 20/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 ensure the supply of irrigation water to the Ayacut lands. They have not been provided with any funds for the restoration of these mandapams and padithurais in the river Tamirabarani. According to him these mandapams and padithurais are maintained by the Hindu Religious and Charitable Endowments Department and by the local bodies. With regard to letting of sewage water into the river Tamirabarani, he claims that the Water Resource Organisation has already addressed this issue by making a request to the local bodies viz. Panchayats, Panchayat Unions, Municipalities and Corporations to make necessary arrangements to dispose of the sewage water into the river after it is treated. He also states that the heritage mandapams and padithurais were constructed in the olden days, renovations of these heritage structures have to be carried out only by the HR and CE Department and the WRO is not having any funds for the same.
9.Though the Secretary to the HR and CE Department has been arrayed as a party, there is no response from the HR and CE Department.
21/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018
10.The Commissioner Tirunelveli Corporation / 7th respondent herein has filed a counter affidavit that they are maintaining 55 wards both sides of river Tamirabarani. Underground sewage system was completed in 10 wards and partially completed in 35 wards. They are doing phase-II project at a cost of Rs.440.19 crores for the remaining wards and after completion of this phase-II and phase-III projects, drainage would be fully disposed to sewerage system and in the meantime they have proposed to collect the drainage in a common collecting system, it would be let into the nearest underground sewage system, thereby they would prevent the drainage mixing in the river Tamirabarani.
11.The respondents 10 to 16 though represented through Counsel, they have not filed any counter affidavit.
12.River Tamirabarani is an important river of this state which emanates from Western Ghats. It has significance in epics and in several Tamil literatures. People treat this river as a holy river, as the river Ganges and Cauveri. The number of mandapams and padithurais 22/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 constructed on the bank of this river Tamirabarani would expose how this river Tamirabarani was worshipped and celebrated. The petitioner has conducted a detailed study and has placed the materials about the present condition of the mandapams and the padithurais. The said contentions of the petitioner are not denied by the respondents. This river is under the maintenance of WRO, PWD. They have expressed their difficulty that they do not have any fund and therefore, they cannot maintain these mandapams and padithurais. The Secretary, PWD has in his counter affidavit stated that these mandapams have to be maintained only by the HR and CE Department and the padithurais have to be maintained by the local bodies.
13.The petitioner has raised serious allegations as to the sewage let into the river Tamirabarani. It is also not denied by the respondents. The Secretary, PWD claims that they have addressed this issue to the local bodies and it is for the local bodies to take initiatives to prevent the mixing of sewage. The Tirunelveli Corporation claims that they constructed underground drainage system and they are 23/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 taking necessary steps to prevent mixing of sewage water into the river Tamirabarani.
14.The petitioner has filed a status report along with WMP(MD)No.15720 of 2023 listing out the the places where the sewage are still let into the river Tamirabarani. The petitioner has also impleaded the respective local bodies, who are letting sewage into the river Tamirabarani. Several industries are exploiting this river by mixing their industrial wastes. The photographs placed before this Court along with the typed set of papers expose the present condition of the river, which needs to be given importance and to be prevented from being polluted anymore. This river is a source for irrigation of 86,000 acres of land apart from other drinking water projects. It not only caters to the human being but also for all the living beings like birds, livestocks, water creatures and also for plants, trees, etc., in Tirunelveli and Thoothukudi districts.
24/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018
15.The petitioner has placed reliance upon the following decisions:
i.In Paryavaran Suraksha Samiti Vs Union of India and ors reported in 2017 5 SCC 326. wherein the Hon'ble Supreme Court has held as follows:
“10. Given the responsibility vested in Municipalities under Article 243 of the Constitution, as also, in item 6 of the 12th Schedule, wherein the aforesaid obligation, pointedly extends to “public health, sanitation conservancy and solid waste management”, we are of the view, that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the concerned municipalities (and/or local bodies), cannot be permitted to shy away, from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243X and 243Y of the Constitution. It will be open to the concerned municipalities(and/or local bodies), to evolve norms to recover funds, for the purpose of generating finances to install and run, all the “common effluent treatment plants”, within the 25/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 purview of the provisions referred to hereinabove. Needless to mention, that such norms as may be evolved for generating financial resources, may include all or any, of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the concerned State Government (Union Territory), through the Secretaries, Urban Development and Local Bodies respectively, (depending on the location of the respective common effluent treatment plant). The norms for generating funds, for setting up and/or operating the 'common effluent treatment plant' shall be finalized, on or before 31.03.2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the concerned State Governments (or the Union Territories), shall cater to the financial requirements, of running the “common effluent treatment plants”, which are presently dis-functional, from their own financial resources.
11. Just in the manner suggested hereinabove, for the purpose of setting up of “common effluent treatment plants”, the concerned State Governments (including, the 26/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 concerned Union Territories) will prioritize such cities, towns and villages, which discharge industrial pollutants and sewer, directly into rivers and water bodies.
12. We are of the view, that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We therefore hereby direct, that 'sewage treatment plants' shall also be set up and made functional, within the time lines and the format, expressed hereinabove.
13. We are of the view, that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We therefore hereby provide, that the directions pertaining to continuation of industrial activity only when there is in place a functional “primary effluent treatment plants”, and the setting up of functional “common effluent treatment plants” within the time lines, expressed above, shall be of the Member Secretaries of the concerned Pollution Control Boards. The Secretary of the Department of Environment, of the concerned State Government (and the concerned Union Territory), shall be answerable in case of default. The concerned Secretaries to the Government shall be responsible of monitoring the progress, and 27/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 issuing necessary directions to the concerned Pollution Control Board, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data, and shall furnish the same to the Bench of the jurisdictional National Green Tribunal.
14. To supervise complaints of non-
implementation of the instant directions, the concerned Benches of the National Green Tribunal, will maintain running and numbered case files, by dividing the jurisdictional area into units. The above mentioned case files, will be listed periodically. The concerned Pollution Control Board is also hereby directed, to initiate such civil or criminal action, as may be permissible in law, against all or any of the defaulters.
15. Liberty is granted to private individuals, and organizations, to approach the concerned Bench of the jurisdictional National Green Tribunal, for appropriate orders, by pointing out deficiencies, in implementation of the above directions.
28/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018
16. It however needs to be clarified, that the instant directions and time lines, shall not in any way dilute any time lines and directions issued by Courts or Benches of the National Green Tribunal, hitherto before, wherein the postulated time lines would expire before the ones expressed through the directions recorded above. It is clarified, that the time lines, expressed hereinabove will be relevant, only in situations where there are no prevalent time line(s), and also, where a longer period, has been provided for.
17. It would be in the interest of implementation of the objective sought to be achieved, to also require each concerned State(and each, concerned Union Territory) to make provision for “online, real time, continuous monitoring system” to display emission levels, in the public domain, on the portal of the concerned State Pollution Control Board. We are informed, that at least three State Governments have already adopted the aforesaidPage 9 9 measures. Such measures shall be put in place by all the concerned State Governments(including, the concerned Union Territories), within six months from today.” 29/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 ii.The Hon'ble National Green Tribunal, Principal Bench, New Delhi in O.A.No.116 of 2014 (IA.No.195 of 2022), dated 13.09.2022, imposed a cost of Rs.110/- crore on the State of Bihar under the polluters pay principle. In another application in OA.No.213 of 2023 dated 25.07.202 directions were issued to all the State Governments and Union Territories and the same is extracted as under:
“L. Conclusion
33. In the light of above, way forward has to be in according high priority to the subject and strict monitoring and higher levels of the Administration in the States as well as in Central Government by constituting specialised monitoring cells fixing accountability for deviation from laid down timelines. As already noted, issue of solid waste management has been monitored from 1996 to 2014 by the Hon’ble Supreme Court and by this Tribunal for the last nine years. There are statutory Rules and policies like swachh bharat but action on the ground is inadequate. There are mountains of garbage generating methane and other gases which are source of diseases and deaths, apart from 21 occupying huge valuable public resource. Our conclusion is that enacting laws and directions of Courts/Tribunals are not substitute for good 30/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 governance and unless the Administration accords high priority of the subject, undesirable situation as found may not be remedied. Taking people on board and change of mindset is need of the hour. Similarly, not preventing sewage discharge into the sources of drinking water is offence under the criminal law as well as under
the Water Act, 1974. Discharge of sewage into drains/rivers/water bodies results in scarcity of drinking water for all living beings apart from degradation of environment and damage to public health. Large number of persons suffer due to water pollution. The matter has been monitored by the Hon’ble Supreme Court in the context of pollution of Ganga and Yamuna for several decades and lastly passed order dated 22.2.2017 in Paryavaran Surakhsha fixing deadline which has been monitored by the Tribunal in the last six years. Gaps in compliance have been noted earlier. Water quality of large number of rivers (including Ganga and Yamuna), lakes, coastal areas and other water bodies are receiving such pollution.
This needs to be addressed on war footing, using indigenous technology wherever viable or such other technology but no drop of sewage can be allowed to be mixed in drinking water. Timelines are deviated without accountability. There is no 31/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 justification for delay in remedial action having regard to adverse impact on biodiversity and citizens’ right of access to drinking water. We need not repeat the steps for remedial action which are mentioned in detail in each of the orders of the subject passed separately for all the States sand available on the website of this Tribunal. Meaningful implementation of citizens right to clean environment, which is part of right to life, and which is one of the significant facets of sustainable development cannot be wished away. Apart from concerned States/UTs who are responsible for executing plans for waste treatment under the Solid Waste Management Rules, 2016, Central Ministries – MoEF&CC, Urban Affairs, Rural Development, Chemicals and Fertilizers and Agriculture have also to play their role as pointed out in the orders of the Tribunal. With regard to liquid waste management also, the Central Government Ministries such as Jal Shakti, MoEF&CC, Urban Development also have role. We hope that the said Ministries of Central Government will perform their statutory obligation under the rules, apart from monitoring compliance by the concerned States/UTs. We expect the concerned Ministries of Central Government to file their respective action taken reports in the matter 32/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 within three months with the Registrar General of this Tribunal by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the Registrar General, NGT may place the matter before the bench for further directions.”
3.The Tribunals had directed the Chief Secretaries of the State to take action in case of violations and ensure that the provisions of Solid Waste (Management and Handling) Rules, 2016 must be strictly complied with.
iii.A Division Bench of this Court in K.Mani Vs The District Collector, Madurai and others [WP(MD)No.11730 of 2022, dated 21.06.2023] has imposed a cost of Rs.1,00,000/- to the government for polluting a water body. The relevant portions of the judgment read as follows:
“3.Pursuant to the earlier directions issued by this Court, the Superintendent Engineer, PWD, WRD, Periyar Vaigai Basin, had filed a status report on 28.06.2022, wherein, he had clearly admitted that the Kalampatti Village 33/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 Panchayat had constructed a drainage channels on both sides of the village road and had directly connected with the irrigation channel in question. It is also stated that because of such letting in a drainage water, the channel got polluted up to the length of 100 meters from the road culvert near Kallampatti Village Panchayat area. Alarmed by the report, we have directed the District Collector, Madurai, to ensure that the mixing of drainage water in the irrigation channel is stopped forthwith. We have directed the District Collector to ensure that the drainage channels were blocked within 24 hours. Pursuant to our directions, the District Collector, Madurai, has filed a report stating that the work for construction of vertical soak pit is in progress and the sewage or drainage water is entirely stopped from mixing from the channel.
4.Considering the said report, the writ petition is disposed of. Since the Executive Engineer, WRD, PWD, has filed the report stating that the channel has been polluted to the extent of 100 meters, we impose the costs of Rs.1,00,000/- (Rupees One Lakh only) to be paid by the Government to the Chief Justice's Relief 34/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 Fund. The Government will be at liberty to recover the said costs from the persons who were responsible for construction of drainage channel and connecting it to the irrigation channel. No costs. Consequently, the connected miscellaneous petition is closed.”
16.Considering the importance of the water bodies and its preservation and the consequences of the water bodies being polluted, the Hon'ble Supreme Court has already passed an order in Paryavaran Suraksha Samiti's case cited supra, wherein a series of directions were issued. Following the same, the Hon'ble National Green Tribunal has also issued various directions and also imposed cost on the polluters pay policy. The Chief Secretaries of all the States including the State of Tamil Nadu were already a party to those proceedings.
17.In view of the above, this writ petition is disposed of with the following directions:
i.The Chief Engineer, WRO, PWD, Tirunelveli shall conduct a spot inspection based on the data provided by 35/39 https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 this petitioner on the places where sewage is let into river Tamirabarani and shall address the same to the respective local bodies, who are responsible for letting in sewage, with a request to stop further polluting the river Tamirabarani.
ii.The respective local bodies / respondents 10 to 14 also have to verify and take initiatives to prevent the sewage mixing into river in a warfooting basis by constructing any permanent structures or any other alternative remedies and ensure that no more sewage is mixed into river Tamirabarani.
iii.The local bodies have to complete this exercise within a period of three months from the date of receipt of a copy of this order.
iv. Letting of sewage water into river is liable to be prosecuted with penalty and any further delay in preventing the same would be viewed seriously and if any default is found, it is made clear penalty will be imposed.36/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 v.The respective local bodies shall file their action taken reports before this Court on the expiry of the three months.
vi.The Joint Commissioner, HR and CE Department, Tirunelveli shall identify the Mandapams in river Tamirabarani and forward the same to the Commissioner, HR and CE Department and to find out the possibility of maintenance of those Mandapams by the HR and CE Department.
vii.The Chief Engineer, WRO, shall give permission to the HR and CE Department to maintain these Mandapams by the HR and CE Department itself. The HR and CE Department shall file a compliance report before this Court after expiry of three months.
viii.The respective local bodies shall also find out the possibility of maintaining and renovating the Padithurais within their limits and to file a report before this Court.37/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 ix.The Chief Engineer, WRO, shall give permission to the respective local bodies to maintain the Padithurais and to carry out renovation work. No costs. Consequently connected miscellaneous petitions are closed.
[GRSJ] [BPJ]
11.03.2024
Index : Yes / No
NCC : Yes / No
38/39
https://www.mhc.tn.gov.in/judis WP(MD)No.18402 of 2018 G.R.SWAMINATHAN, J and B.PUGALENDHI, J dsk WP(MD)No.18402 of 2018 and WMP(MD)No.15720 of 2023 11.03.2024 39/39 https://www.mhc.tn.gov.in/judis